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How assault is defined
In California, the State views an assault as threatening a person with bodily harm or attempting to attack them. An assault does not have to involve weapons. However, if a weapon was involved such as a bat or other heavy-duty object, and there was enough injury to require medical treatment, this is considered assault and battery. Obviously if a weapon was used during the attack, the charge and penalties will be harsher because more force was inflicted. If convicted of assault and battery with a weapon or if the person was badly beaten, you can be charged with a felony.
Penalties for an assault conviction
Due to the many harsh penalties that can result from an assault conviction, it is not wise to enter the courtroom without an attorney to defend you. You especially need an assault lawyer if you have had prior convictions of assault. An attorney can help by having a jail or parole sentence reduced to anger management courses.
Even if you are not sure whether you need an attorney, it is critical that you get the advice of an experienced defense attorney before speaking with anyone regarding your case.
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